FOIA, Disclosure Policies Get Boost Early In New Year
WASHINGTON (Monday,
Jan. 26) – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.)
Monday praised two key breakthroughs this past week to strengthen the
public’s right to know and promote openness in government and
government-funded projects.
On Monday, the Board
of Regents for the Smithsonian Institution, of which Leahy is a member,
adopted a public disclosure policy for information requests.
Because the Smithsonian is not an executive agency, it is not subject to
the disclosure policies in the Freedom of Information Act (FOIA).
However, the policy adopted Monday by the Board of Regents mirrors
several FOIA policies and includes a presumption of disclosure.
“The Smithsonian
Institution is a national treasure, and all Americans should expect of
it the same openness and transparency that we expect of our executive
agencies,” said Leahy. “The proposal adopted today reflects a
continuing dialogue between the Smithsonian, members of the FOIA
community, and interested members of Congress. It is an important
first step in ensuring more openness and accountability, consistent with
the time-honored principles of FOIA. I look forward to continued
work with the Smithsonian to bring more transparency to this cherished
institution.”
Leahy has been a
longtime advocate for transparency in government and a leader in
Congress on strengthening and invigorating the Freedom of Information
Act. He
authored legislation in 2007 that made the first changes to FOIA in
more than a decade. The OPEN Government Act was
signed into law on December 31, 2007.
Leahy
last week praised a memorandum signed on January 21 by President
Obama, which established a new FOIA policy for executive departments and
agencies. The memorandum stated that “The Freedom of Information
Act should be administered with a clear presumption: In the face of
doubt, openness prevails.”
In a
statement last Thursday, Leahy praised President Obama’s commitment
to open government.
“The President is turning the page and moving away from the overreaching
secrecy of the last administration. I commend President Obama for
recognizing that our government is accountable to the people it
represents. I also commend the President for taking immediate
steps during his first full days in office to send this important
message to the American people.”
Leahy is expected to introduce legislation in the 111th
Congress to strengthen existing FOIA laws. He also expects to work
with appropriators to provide the necessary funding to establish the
Office of Government Information Services at the National Archives,
which was mandated in the OPEN Government Act.
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Statement Of Senator Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,
On President Obama’s New Memorandum On The Freedom Of Information Act
January 22, 2009
MR. PRESIDENT. From the start of his transition to the White
House, I have urge President Obama to make a clear commitment to open
government. By issuing his directive to strengthen one of our
Nation’s most important open government laws, the Freedom of Information
Act (FOIA), the President is turning the page and moving away from the
overreaching secrecy of the last administration. I commend
President Obama for recognizing that our government is accountable to
the people it represents. I also commend the President for taking
immediate steps during his first full days in office to send this
important message to the American people.
I was delighted with the answer of the President’s nominee to be the
next Attorney General of the United States, Eric Holder, when I asked
him at his confirmation hearing last week about how he intended to
implement the Freedom of Information Act. He, too, believes that
the presumption should be toward disclosure and openness. In fact,
that was the policy before Attorney General Ashcroft reversed it.
Today, our Government is more open and accountable to the American
people than it was just a few weeks ago. With the
President’s new FOIA memorandum, the implementation of the first major
reforms to FOIA in more than a decade in the Leahy-Cornyn OPEN
Government Act, and the nomination of Eric H. Holder Jr., to be the
Attorney General of the United States, the American people have more
openness and accountability regarding the activities of the executive
branch. I am pleased that the President also issued a Presidential
Memorandum on Transparency and Open Government that will promote
accountability and transparency in government, and an Executive Order on
Presidential Records that will provide the American people with greater
access to presidential records.
The right to know is a cornerstone of our democracy. Without it,
citizens are kept in the dark about key policy decisions that directly
affect their lives. Without open government, citizens cannot make
informed choices at the ballot box. Without access to public
documents and a vibrant free press, officials can make decisions in the
shadows, often in collusion with special interests, escaping
accountability for their actions. And once eroded, these rights
are hard to win back.
The Sunshine in Government Initiative has been vigilant and steadfast on
behalf of open government. I have been pleased to work with this
coalition of the American Society of Newspaper Editors, The Associated
Press, Association of Alternative Newsweeklies, National Association of
Broadcasters, National Newspaper Association, Newspaper Association of
America, Radio-Television News Directors Association, Reporters
Committee for Freedom of the Press, and Society of Professional
Journalists in connection with these initiative and correcting the
government’s presumption toward openness.
As we celebrate the inauguration of our new President and the start of a
new administration, we are reminded that a free, open and accountable
democracy is what our forefathers envisioned and fought to create.
I believe that it is the duty of each new generation to protect this
vital heritage and inheritance. In this New Year, at this
new and historic time for our Nation, I am pleased that we have once
again reaffirmed a commitment to an open and transparent government on
behalf of all Americans.
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